Application for revocation, Section 46 – Successful – A separate revocation action against the Class 41 and Class 42 portions of the same registration is dealt with in BL O/358/03.
At the hearing the applicants sought to amend the period under review to cover a time later than the date of filing of the applications for revocation. This was refused.
The evidence of use filed by the registered proprietor however did not persuade the Hearing Officer that there had been use of the mark in the period stipulated, on any of the goods in Class 9. Neither was there evidence of proper reasons for non-use. The application for revocation succeeded accordingly.
Judges:
Mr G Salthouse
Citations:
2050918, [2003] UKIntelP o35703
Links:
Citing:
See Also – Lost In Space (Trade Mark: Revocation) IPO 20-Nov-2003
Mr G Salthouse said: ‘The fact that graphics provided by the proprietor are used in television programmes does not, of itself, mean that the proprietor is a supplier of television programmes’ . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 16 October 2022; Ref: scu.455764